UNION OF INDIA Vs. SUBHASH S. BIRHADE

JUDGEMENT

(1.) THIS Petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 1st March, 2001 passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal") in Original Application No.1442 of 1995, whereby the Tribunal directed the Petitioners herein to grant to the 1st Respondent arrears of pay and allowances with effect from 6th July, 1981. The further direction given was that Respondent No.1's pay fixation may be done on the basis of notional seniority and thereafter the arrears be paid vis -a -vis Respondent No.2 herein, who was his junior.

(2.) IN this Writ Petition, Rule was issued by this Court on 18th February, 2002 when Respondent No.1 was represented by an Advocate who waived service. This Petition was called out today for final hearing when none appeared for the Respondents. In view thereof, we have proceeded to dispose off this Writ Petition after hearing Mrs. Bharucha, the learned Advocate appearing on behalf of the Petitioners.

(3.) RESPONDENT No.1, being an employee of the said Ordanance Factory, is currently working as Chargeman Gr.I, Extrusion and Foundry at Ambernath. He holds a degree of B.Sc. in Chemistry and belongs to the category of Scheduled Caste. In the year 1979, an advertisement in the local newspapers appeared inviting applications from candidates belonging to SC / ST, for appointment in the Ordanance Factory. Respondent No.1 being qualified and eligible, applied for the same alongwith other candidates. After interviews were conducted, four candidates were selected out of which Respondent Nos.1 and 2 were also in the select list. As a result of the interview, the four candidates selected in the order of merit stood as under : -